Terms and Conditions of Use

Article 1 – Legal Notice

This website, accessible at the URL https://lowgical.studio (the "Site"), is published by 12 Projects Tribe OÜ, a limited liability company under Estonian law, with share capital of €2,500, registered in the Estonian commercial register under number 16873769, with its registered office at Telliskivi tn 60a/5, 10412 Tallinn, Harju maakond, Estonia, represented by its duly authorized legal representative.

(Hereinafter referred to as the "Seller").

The Site is hosted by Umso Inc., a company registered in the United States, with its office located at 2261 Market Street #4397, San Francisco, CA 94114, United States.

The Site's Editorial Director is the legal representative of 12 Projects Tribe OÜ.

Article 2 – Scope of Application

These general terms of service (the "General Terms") are intended to define and govern the contractual relationship between the Service Provider and any professional (a "Client") who has created an account and wishes to benefit from the services offered on the Site. The provision of services offered to Clients on the Site is subject to prior acceptance, without restriction or reservation, of these General Terms. The General Terms are made available to Clients on the Site, where they can be consulted directly, and may also be communicated to them upon simple request by any means. The General Terms apply regardless of any contrary clause contained in any document issued by the Client, including its general purchasing conditions. The General Terms apply subject to any contrary provision contained in the purchase order or in special conditions, if any, agreed between the Company and the Client in question.

Article 3 – Description of Services

The Site is intended to provide the following services online:

Presentation of the Lowgical Studio offer

Collection of email addresses

(hereinafter the "Services").

Each Service presented on the Site is accompanied by a description mentioning its essential characteristics. This description may include descriptions, photographs, illustrations, provided for informational purposes only and subject to modification/updating on the Site.

Article 4 – Registration Conditions

Any Client wishing to fully benefit from the Site and the Services must: Have full legal capacity and act strictly for professional purposes. Create a personal account on the Site by completing the various fields of the account creation form (business name, RCS number, contact name, email address, phone number, etc.). Confirm acceptance of the General Terms. Confirm registration. Access to Services is possible by connecting to the Site from a computer, smartphone or tablet. The use of Services requires a high-speed Internet connection and, where applicable, a mobile connection. It is the responsibility of Clients to obtain the necessary computer and telecommunications equipment to access the Site. Services can only be used from a single connection at a time. When creating an account with an email address, the Client is invited to choose a password guaranteeing the confidentiality of information contained in their account. To validate registration, the Service Provider sends a confirmation email to the address provided by the Client. The Client then activates their account by clicking on the link provided for this purpose in the confirmation email. Each Client guarantees the truthfulness and accuracy of information provided for registration, undertakes to notify any subsequent modifications, and guarantees that this information does not infringe third-party rights. The Client may modify this information, as well as their login credentials and password, from their account on the Site. The Client undertakes not to disclose or transfer their account, login credentials and password, and is solely responsible for them until they are deactivated. The Client must immediately inform the Service Provider of any loss or unauthorized use of their account. The Service Provider reserves the right to delete the account of any Client who has provided inaccurate information.

Article 5 – Orders

Any Client wishing to benefit from Services online on the Site must: Log in to their Client account. Select the Services they wish to subscribe to. Provide the information required in the Client order form (name, address, email address, date of birth, phone number, etc.). Confirm acceptance of the General Terms. Confirm acceptance of the Services order. Choose a payment method. Proceed with payment for the Services. Unless otherwise stated on the Site, the Client will not be able to modify their order once validated, and the order will be firm and final. Upon receipt of payment for the Services included in the order, the Service Provider will send a confirmation email to the Client at the email address provided by the Client. The confirmation email will summarize the essential characteristics of the Service(s) ordered, the total price, and any other useful information. It will also include a Client order tracking number. By placing an order on the Site, the Client expressly accepts receiving an electronic invoice from the Service Provider. However, the Client may request a paper invoice by contacting Customer Service. To combat fraud, the Service Provider or its payment or delivery service providers may request additional supporting documents from the Client or contact them at the time of order acceptance and/or shipment. In case of unjustified refusal by the Client to provide the requested information and/or documents, the Service Provider reserves the right to refuse or cancel the order without possibility of dispute. The Service Provider also reserves the right to refuse or cancel the order of any Client who has provided inaccurate information, has not settled payment for the Services, has a payment dispute relating to a previous order, or presents an abnormally high level of orders.

Article 6 – Service Provider Obligations

The Service Provider undertakes to implement all necessary means for the performance of Services and the fulfillment of its obligations under these General Terms and/or any other document concluded with Clients, in compliance with applicable legislative and regulatory provisions and third-party rights. The Service Provider declares that it possesses the competence, experience and means necessary to provide the Services and assumes full responsibility for both the performance of the Services and the organization of its staff's work, where applicable. The Service Provider publishes the Services available on the Site and hosts content uploaded by Clients. The Service Provider acts as a technical provider and exercises no control over the legality, accuracy, quality or sincerity of content uploaded by Clients under their responsibility. Consequently, Clients acknowledge that the Service Provider has the status of a Site host within the meaning of Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy. However, the Service Provider undertakes to promptly remove any manifestly unlawful content that is reported to it, particularly when the existence of such content has been notified to it by a Client in accordance with applicable regulations. Furthermore, the Service Provider strives to ensure that the Site is accessible and functioning properly twenty-four hours a day, seven days a week. However, the Service Provider cannot exclude that access to the Site and its functioning may be interrupted, particularly in cases of force majeure, malfunction of Client equipment or the Internet network, failure of a telecommunications operator, electrical power interruption, abnormal, unlawful or fraudulent use of the Site by a Client or third party, decisions by competent authorities or for any other reason. The Service Provider also reserves the right to make any modification and improvement of its choice to the Site and Services, related to technical evolution or proper functioning. General and temporary interruptions of the Site and Services will, to the extent possible, be announced via the Site before they occur, except in case of emergency.

Article 7 – Client Obligations

Each Client undertakes to access the Site and use the Services in a fair manner and in compliance with applicable laws and these General Terms. Data and information communicated or uploaded by Clients must be accurate, sincere and fair and will be provided under their sole responsibility. In general, each Client undertakes to: Ensure compliance, at all times, with legal, social, administrative and tax obligations applicable to their professional status. Not modify or alter, during the provision of Services, their nature or terms of provision, except with prior written agreement from the Service Provider. Pay the price for Services under the conditions provided herein. Not distribute unlawful content or content that has the effect of diminishing, disorganizing, slowing down or interrupting the normal flow of data on the Site. Immediately report to the Service Provider any difficulty, reservation or dispute arising during the performance of Services or any abnormal, abusive or fraudulent use of the Site of which they are aware. In case of Client breach of applicable legislation or infringement of third-party rights, the Service Provider reserves the right to communicate, at the request of any legitimate authority (court, administrative authority, police services), any information enabling or facilitating the identification of the offending Client.

Article 8 – Complaints

In case of non-performance or poor performance of Services, the Client must inform the Service Provider by specifying their grievances and reservations within thirty (30) calendar days from the date they became aware of it, to enable the parties to make their best efforts to reach an amicable settlement within thirty (30) calendar days following the Client's initial notification. In case of failure of amicable settlement under the above conditions and in case of sufficiently serious non-performance by the Service Provider, the Client may terminate the General Terms under the conditions of Article 17 and, where applicable, obtain compensation for the damage suffered. The Client expressly waives the right to request forced performance of Services by the Service Provider or a third party or a proportional reduction in price, notwithstanding Articles 1221, 1222 and 1223 of the Civil Code.

Article 9 – Service Provider Liability

The Service Provider is bound by an obligation of best efforts in the provision of Services. Each Client declares awareness of the constraints and limitations of Internet networks and cannot, in any case, hold the Service Provider responsible for malfunctions in access to Services, speed of opening and viewing Service pages, temporary or permanent unavailability of Services or fraudulent use of the Site by Clients or third parties. The Service Provider's liability cannot be engaged: In case of breach of any obligation resulting from a fortuitous event or force majeure within the meaning of Article 1218 of the Civil Code, including, without limitation, unforeseeable events such as strikes, labor disputes, social unrest, factory closures, floods, fires, production or transport failures not attributable to the Service Provider, supply interruptions, wars, riots, insurrections, and generally any circumstance preventing the Service Provider from properly fulfilling its obligations. In case of error or incompleteness of information, data, instructions, directives, documents or materials provided by the Client, and more generally in case of failure attributable to the Client. In case of inaccessibility of certain Site functionalities due to the Client's disabling of cookies. In case of incompatibility of the Site with certain equipment and/or functionalities of the Client's computer hardware. Each Client is also responsible for the content and information they import, store and/or publish on the Site and undertakes not to circumvent technical protection measures implemented by the Service Provider to prevent any fraudulent use of the Site and Services. Each Client is solely responsible for taking necessary measures to ensure the integrity and backup of their data, files and documents, and waives any recourse against the Service Provider for any damage suffered in this regard. Each Client further undertakes to indemnify the Service Provider against any claim, action or proceeding related to their use of the Site or Services. In any event, the Service Provider's liability cannot be engaged for indirect or immaterial damages such as financial loss, loss of opportunity, loss of profits, loss of contracts, orders, customers, operations, commercial prejudice or damage to image. The Service Provider's liability is limited to an amount equivalent to the net price received from the Client for Services over the past twelve (12) months. In accordance with Article 2254 of the Civil Code, any legal action by the Client against the Service Provider is barred by limitation within one year from the date of effective or presumed knowledge of the fact giving rise to the damage.

Article 10 – Recording Systems

Computerized records kept in the Service Provider's and its partners' computer systems under reasonable security conditions shall be considered as evidence of communications and actions of Clients and the Service Provider. The archiving of these elements is carried out on a reliable and durable medium, constituting a faithful and durable copy within the meaning of applicable regulations. Each Client recognizes the probative value of the Site's automated recording systems and declares that they will not contest this evidence in case of dispute.

Article 11 – Personal Data

For more information regarding the Service Provider's use of personal data, please carefully consult the Privacy Policy (the "Policy"). This Policy can be consulted at any time on the Site.

Article 12 – Hyperlinks

Hyperlinks present on the Site may refer to third-party or partner sites. They are provided solely for the Client's convenience to facilitate access to resources available on the Internet. If the Client uses these links, they will leave the Site and accept to use third-party sites at their own risk, or according to the terms governing them. In any event, the presence of a hyperlink to the Site from a third-party site or on the Site to a third-party or partner site does not engage the Service Provider's liability in any way, particularly regarding the availability, content and products and/or services available on or from that third-party or partner site. The Client is not authorized to create one or more hyperlinks on a third-party site referring to the Site's home page or to their profile page, except with prior written authorization from the Service Provider.

Article 13 – Intellectual Property

The Service Provider is the sole holder of all content present on the Site, including all texts, files, animated or static images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, databases, Site structure and any other element of intellectual property and data or information protected by French and international laws and regulations on intellectual property in force. Consequently, none of the Site's content may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, performed, stored, used, rented or exploited in any other way, in whole or in part, free of charge or for remuneration, by a Client or third party, regardless of the method and/or medium used, known or unknown to date, without prior written authorization from the Service Provider. The Client is solely responsible for any unauthorized use and/or exploitation. Furthermore, any extraction, integration, compilation or commercial use of information contained in databases accessible on the Site as well as any use of software, robots, data mining systems and other data collection tools is strictly prohibited to Clients. However, subject to Clients' compliance with these General Terms, the Service Provider grants them a non-exclusive and non-transferable right to access the Site's content of which it is fully owner, to download and print it for personal and non-commercial use.

Article 14 – Duration, Suspension, Termination

In the case of one-time sales or in accordance with special conditions, these General Terms are concluded for the duration of Services provision, as mentioned, where applicable, in the special conditions or purchase order. In the case of successive performance sales, these General Terms are concluded for an initial term of 1 year. In the absence of termination of these General Terms within 1 month before the end of this initial term, the provision of Services and the General Terms are automatically renewed for a new period of a duration equal to the initial term, under the pricing conditions in effect on the renewal date. The Service Provider reserves the right to permanently or temporarily suspend a Client's access to the Site and Services in case of non-compliance with their obligations under these General Terms. Furthermore, the Service Provider or the Client may terminate these General Terms by right through written notification: In case of force majeure as referred to in Article 11 above; After formal notice to the other party in case of serious breach by the latter of its obligations or applicable laws and regulations, not remedied within fifteen (15) days (when the breach is remediable) from written notification mentioning the nature of the breach and the necessity to remedy it.

Article 15 – Confidentiality

During the term of these General Terms, each party may become aware of or receive confidential information, documents and/or data relating to the other party. Consequently, each party undertakes, on its own behalf and on behalf of its representatives for whom it is responsible, to keep strictly confidential all information, documents and/or data of any nature relating to the results, activity or clients of the other party, or any information received or obtained from a party in the context of the contractual relationship established. This commitment to confidentiality between the parties is valid during the term of these General Terms and for a period of two (2) years following their expiration or termination.

Article 16 – Notifications

Any notification or written service required or permitted by these General Terms shall be validly effected if delivered in person or by courier with proof of receipt, by registered mail with proof of receipt, or by email (except in case of termination of these General Terms), to the coordinates of the party concerned, each party electing domicile at its registered office. Any change of coordinates by a party for the purposes hereof must be notified to the other party according to the procedures above. Notifications delivered in person or by courier shall be deemed effected on the date of delivery to the recipient, proof being provided by the delivery receipt. Notifications by registered mail shall be deemed effected on the date of their first presentation at the recipient's address. Notifications by email shall be deemed effected on the date the email is sent.

Article 17 – Severability and Non-Waiver

If any provision of these General Terms is declared null or unenforceable for any reason whatsoever under a law, regulation or final decision of a competent court, it shall be deemed unwritten, without affecting the validity of the other provisions. The fact that the Service Provider does not rely, temporarily or permanently, on one or more provisions of the General Terms cannot constitute a waiver.

Article 18 – Modification

The Service Provider reserves the right to modify at any time and without notice the content or location of the Site, Services and these General Terms. Any use of the Site or Services after a modification of the General Terms constitutes acceptance by each Client of such modifications. The most recent and current version of the General Terms is available on this page. When modifications to the General Terms are considered substantial, they will be brought to the attention of Clients by email and must be accepted upon their next login to the Site.

Article 19 – Disputes

Disputes that may arise in the context of the contractual relationship between the Client and the Service Provider will, to the extent possible, be resolved amicably. Failing amicable settlement within one month from notification by either party, all disputes relating to these General Terms, including their validity, interpretation, performance, termination and their consequences, shall be submitted to the exclusive jurisdiction of the courts of Tallinn, Estonia.

Article 20 – Applicable Law & Language of Contract

These General Terms and the operations arising from them are governed by and subject to Estonian law. They are drafted in the French language. In the event of translation into one or more foreign languages, the French text shall prevail in case of dispute.